Clinton v. Hope Insurance
New York Supreme Court
THIS action was "brought to recover on a fire insurance policy of $3000, $835 of which sum was upon the buildings and fixed machinery of a Hew Berlin cotton mill, and “$2165 on movable machinery therein, as per survey on file atthe office of” the defendants’ agent. This policy was given by the defendants to “ estate of Daniel Boss,” and the defendants had notice of $23,000 insurance, in all, upon the same property.
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THIS action was "brought to recover on a fire insurance policy of $3000, $835 of which sum was upon the buildings and fixed machinery of a Hew Berlin cotton mill, and “$2165 on movable machinery therein, as per survey on file atthe office of” the defendants’ agent. This policy was given by the defendants to “ estate of Daniel Boss,” and the defendants had notice of $23,000 insurance, in all, upon the same property. Some time before the death of Daniel Boss, he had obtained a like insurance on the same property, and at that time a survey, referred to above, had been made out, showing the…
1Opinion of the Court
By the Court, Boardman, J.
Objection by the defendants was made to the decision of the judge, holding that the application and survey of 1863, made by Daniel Boss, should not be deemed or taken to be a warranty on the part of the estate of Daniel Boss, deceased, in 1865. There can be no doubt that when an application and survey is made by the insured, to accompany a policy, or is referred to as forming a part of such policy, such application, survey and policy are to be construed together as part of one entire contract. (Ripley v. Ætna Ins. Co., 30 N. Y. Rep. 136.)
In this case three separate…
2Cases cited16 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Herring v. . HoppockNew York Court of Appeals · 1857
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3Cited by5 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Magoun v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1902
- Cornwell v. DeckNew York Surrogate's Court · 1874
- Creighton v. Homestead Fire InsuranceNew York Supreme Court · 1879
- Savage v. The Long Island InsuranceNew York Supreme Court · 1872